Find My Twin Contest
Official Rules

1. DESCRIPTION:  NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The “Find My Twin” (“Contest") is a photo submission contest administered through the online networking community MySpace.  Membership on MySpace is free, and can be obtained by logging on to www.myspace.com and following the onscreen instructions to open an account.  The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 100 E. Pine Street, Suite 201, Orlando, Florida 32801. The sponsor of this Contest is Bennigan’s Grill and Tavern  ("Sponsor") 6500 International Parkway, Plano, TX 75093.  The cosponsor of the contest is MySpace, Inc. (“Cosponsor”) 407 North Maple Drive, Beverly Hills, CA 90210.  Hereinafter, Administrator, Sponsor, and Cosponsor will be collectively referred to as the “Contest Entities”.  The Contest will flow as follows:

• Contest Submission Period:  The contest submission period begins on Friday, January 4, 2008 and ends on Friday, February 29, 2008 at 11:59 AM Pacific Time (“PT”).
• Contest Judging:  On or about March 3, 2008, eligible Contest submissions will be judged according to the criteria in Section 6 of the Official Rules.
• Winner Announcement:  The winner will be announced on or about March 17, 2008.

2.  ELIGIBILITY: Contest is open only to United States Citizens, who are in possession of a valid U.S Passport, who  are residents of the 48 contiguous United States and Washington D.C., who are at least 21years of age at time of entry (“Entrant”).   Each Entrant must have Internet access as of  January 3, 2008.  Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified in the Entrant's entry as of January 4, 2008. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened. Employees, shareholders, officers, directors, agents, and representatives of Contest Entities and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Contest. Contest void in Alaska, Hawaii and where prohibited. 

3.  HOW TO ENTER: To enter, entrants must visit the Contest web site during the Submission Period by logging in to their MySpace profile and logging on to http://www.myspace.com/BennigansLeprechaun  (“Website”).  Entry will not be complete until Entrant has followed the onscreen prompts to upload and attach the photo (“Submission” or “Photo”) from the Entrant’s MySpace Gallery. The Photo should creatively address the following question:  “If Fergus Dargle had a fictitious leprechaun brother, what would he look like?”  Creativity is encouraged and Photos can be digitally enhanced or manipulated to create the desired effect. It is the sole responsibility of the Entrant to obtain the necessary permission from any person other than the Entrant appearing in the Submission and such proof of permission will be required if the Submission is selected as a winner. THE ENTRANT MUST HAVE CONSENT TO UTILIZE AND SUBMIT ALL ELEMENTS IN THE PHOTO, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY MARKS, LOGOS OR THIRD PARTY INSIGNIA. THE CLOTHING WORN BY INDIVIDUAL IN THE PHOTO SHOULD NOT INCLUDE PROMINENT OR VISIBLE THIRD PARTY MARKS, LOGOS OR THIRD PARTY INSIGNIA. Submissions containing content that, in the Contest Entities sole judgment, is offensive, obscene, pornographic, or inappropriate will be deemed ineligible for the Contest.  Submissions must be received by February 29, 2008 at 11:59 AM PT. Limited to one (1) entry per person, per MySpace account. Limit one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts to upload the digital file containing their Photo Submission and affirmatively accepted the Official Rules.  Entrants who submit Photos which violate any of these requirements may be deemed ineligible to receive the prize and their Photo may be void at the Contest Entities sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Photos deemed inappropriate or that do not comply with the Website’s Terms of Use. Phtots may not contain any derogatory references to any Contest Entities. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.

4. MATERIALS/SUBMISSIONS: All captured entry information provided by Entrants becomes the sole property of the Contest Entities and the Material (defined below) provided by Entrants becomes the sole property of Contest Entities and will not be returned.  “Material” includes to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest.  Each Entrant understands that his or her name and other Materials may be posted on the Website in connection with Contest.  Entrant agrees that the Contest Entities have no obligation to post Material on the Website.

5.  RIGHTS IN SUBMISSIONS:  In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol.  Each Entrant authorizes the Contest Entities to utilize, for eternity and in any manner they see fit, the Submission provided to Contest Entities, and to make derivative works from such materials solely in connection with the Contest (i.e., without limitation, to create promotional materials).   Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe.  Except as required by law or permitted pursuant to these Contest Official Rules, the Contest Entities will not share an Entrant’s information with any third parties.

6.   CONTEST JUDGING: Submissions will be judged by a panel of judges selected by Contest Entities (“Judging Panel”). Submissions will be scored on three (3) criteria.  All decisions of the Judging Panel are final on all aspects of the Contest. Submissions will be scored based on the following criteria:
1. Resemblance to Fergus Dargle: 50%
2. Originality: 25%
3. Humor: 25%

7. PRIZE:

Total Promotional Value: $4800

All prize details are at the sole discretion of the Contest Entities. Prize winners cannot assign or transfer the prize to another person.  No prize substitution or cash alternative is allowed except at the discretion of Contest Entities, who reserve the right to substitute a prize (or any portion thereof) of comparable or greater value, in their sole discretion.  If a prize cannot be awarded due to circumstances beyond the control of Contest Entities, a substitute prize of equal or greater retail value may be awarded.  If Grand Prize Winner cannot accept any prize as stated, the prize may be forfeited, and at Contest Entities discretion, an alternate winner may be selected.  The value of the prize represents Contest Entities good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, are Grand Prize Winner's sole responsibility. Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than ARV. Trip dates will be specified by the Contest Entities.  Failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize.  Winners will be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize.  Other restrictions may apply.  Limit one prize per household. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Contest Entities sole discretion.  Odds of winning depend on the number of eligible entries received.  Other restrictions may apply.

Grand Prize Winner and travel companion agree that they undertake the Trip at their own risk.  Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure, and failure to do so will result in forfeiture of prize.  Travel companion must complete a travel guest liability/publicity release prior to the Trip.  Grand Prize Winner’s travel companion must be the age of majority in his or her state of residency or Grand Prize Winner must be travel companion’s parent or legal guardian and must complete and return all releases on behalf of minor.  Contest Entities will not replace any lost or stolen tickets, travel vouchers or certificates.  Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip.  Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay.  Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.  All travel and lodging will be at the risk of winner and travel companion.

8.  POTENTIAL WINNER NOTIFICATION: Winner will be selected based on the aforementioned judging results.  The potential winner (“Potential Winner”) will be contacted via phone, email or overnight mail to confirm eligibility and compliance with the rules on or about March 11, 2008.  Potential Winner must be able to receive telephone calls from an unlisted and/or blocked number. Messages may not be left. Contest Entities reserve the right to disqualify anyone not fully complying with the Official Rules or meeting the participation criteria.  Potential Winner will be required to respond as directed by the Contest Entities to the notification. The failure to respond timely, to the notification may result in forfeiture of the prize and, in such case, Contest Entities may declare an alternate Potential Winner, based on judging results. Potential Winner will be required to verify address and return an affidavit of eligibility and liability, copyright release, and a publicity release, unless prohibited by law.  All documents must be returned within the time period directed by the Contest Entities.  Travel companion will be required to verify address and to execute before a notary public an affidavit of eligibility and liability/publicity release prior to the travel departure date.  Failure to return the executed travel companion’s affidavit and release forms within the specified time period may result in forfeiture of the prize.  Prizes will not be awarded until all such properly executed forms are returned. 

9.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities use of any such similar or identical material.  Each Entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.  Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entities actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10.  RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY:  Contest Entities, shall have the right and sole discretion to edit, to refuse to air or cease to air any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason.  Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Contest Entities also reserves the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Contest Entities.  The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the on the  telecast. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.  Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the contest website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices. 

11.  WARRANTY:  It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant’s Submission is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Submission. Entrant further represents and warrants that the Submission and any use thereof by the Contest Entities, and each of their respective parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.

12.  INDEMNITY:  The Contest may also be promoted by a third party or parties (each a “Promotional Partner,” collectively “Promotional Partners”). Entrant shall indemnify and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein. 

13.  GENERAL TERMS AND CONDITIONS:  By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy.  Contest Entities reserve the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.  CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. 

14.  DISPUTES:  All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any  jurisdiction other than the State of California. In the event of a claim or dispute, Entrants’ sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Website, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities.

15.  PRIVACY POLICY:  Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://collect.myspace.com/misc/privacy.html?z=1. By entering the Contest, you grant MySpace permission to share your email address and any other personally identifiable information with the corresponding Contest Entities solely for the purpose of judging and prize fulfillment.  MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the corresponding Contest Entities as described above herein.
16.  WINNERS/OFFICIAL RULES:  To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Find My Twin” Winners/Rules, 100 E. Pine Street, Suite 201, Orlando, Florida 32801.  Requests for the names of the winners must be received no later April 1, 2008.  Vermont residents may omit return postage.

17. Sponsor/Prize Provider: Bennigan’s Grill and Tavern  ("Sponsor") 6500 International Parkway, Plano, TX 75093.